Thursday, December 22, 2016

Elder financial abuse costs millions in Virginia, state report says

Tough to see and tough to prosecute, the financial fraud and abuse that hits Virginia's elderly and incapacitated adults amounts to more than $28 million a year but could exceed $1 billion, a new state report estimates.

Social workers assigned to adult protective services work are finding more than 1,000 cases of financial exploitation a year, the state Department for Aging and Rehabilitative Services reported.Hardly any are prosecuted.

And a deeper dive into a random sample of 141 cases found:

•More than half of the fraud, theft or abuse was by a family member.
•Nearly two-thirds of victims live in their own home.
•More than a third of cases included outright theft of cash or checks.
•About half the cases documented referrals to police.
•Two cases ended with a conviction.

"Adult
financial exploitation leaves its victims and their family members
devastated and weighs heavily on adult protective services workers, law
enforcement personnel, prosecutors and judges who respond to it," wrote
James Rothrock, commissioner of the aging and rehabilitation services
department, in forwarding the report to Gov. Terry McAuliffe and the
General Assembly.

Although not all the case files
described the amount of money lost, in 76 instances social workers found
losses amounting to $2.1 million. Multiplying the average loss of
$27,782 by the more than 1,000 cases a year that social workers report
suggests that verified reported fraud is running about $28 million year.

That doesn't include losses such as those suffered in eight
of the 141 cases where victims' homes or land were sold without their
knowledge, or the three cases where they were evicted from their homes,
or the two cases where their cars were sold or transferred, or the two
victims whose wills were changed without their knowledge.

And
since all those 1,000 verified cases are probably a small fraction of
actual instances, the department believes unreported cases could amount
to more than $1 billion, based on estimates of under-reporting of all
types of abuse.

"It's really an ugly situation," said
state Sen.-elect Monty Mason, D-Williamsburg, whose special interest in
elder issues has led him to sponsor or co-sponsor several measures,
including co-sponsoring the legislation that called for the aging
department's report.

"We shined some light on it," he
said. "A big part of the fix is more awareness, more understanding of
the fact that it is out there."

Because the cases so
often involve family members or caregivers, or victims who are too
embarrassed to complain and seek redress, they easily fall between the
cracks, Mason said.

"These can be very difficult,
delicate cases," said William Massey, chief executive of the Peninsula
Agency on Aging, the state-sanctioned regional body that's meant to be a
first stop for older Virginians seeking help.

Victims
are often unaware they've been victimized, so Massey said it is often up
to his agency's care coordinators, other social services agencies, or
friends and family to spot a problem.

A Daily Press
review of a database of 10 years worth of Hampton Roads circuit court
cases, assembled after state court administrators refused to release the
record under the Freedom of Information Act,
found only four individuals who had been charged under the section of
state law referring to financial abuse of the elderly or incapacitated.
Only two ended in convictions. One defendant served a month in jail, the
other 10 days.

Aging and rehabilitative services that
department staff said their records review did not show why more cases
are not referred but added that some social workers report that police
often view exploitation involving family members or holders of a power
of attorney letter as a civil matter.

Department staff also speculated
that in many cases, victims were unwilling to press charges.

"Sometimes,
the perpetrator is someone they care about and don't want to hurt,"
said Newport News Commonwealth's Attorney Howard Gwynn. In many cases,
the person abusing an elderly person is the only one providing any help
at all, and victims worry about what will happen to them if a case is
prosecuted, he said.

Gwynn said he was shocked after
attending a seminar on elder abuse a few years ago where Richmond
officials reported about 100 cases of physical, mental and financial
abuse, and he could recall only a handful of cases that came through his
office.

"I suppose I could have said we don't have a problem, but I was worried that maybe we weren't paying attention," he said.

Gwynn
has recently hired an attorney who worked on elder law cases for 16
years in the Philadelphia prosecutor's office and is pushing for
training for police officers, firefighters and city inspectors to keep a
sharp eye out when responding to calls.

"If you're in
codes compliance and looking at a complaint about junk in someone's
yard, and see a terrified adult and a telephone with a handset taped to
the base, you need to know what that means," he said.

Gwynn is also trying to talk up some changes in the law.

One
would address a major challenge in investigating and resolving cases:
the fact that individuals defrauding vulnerable adults often have
received power of attorney letters from their victims. That's a document
that can, among other things, give authority to handle money, dispose
of property or make decisions about care. Gwynn thinks investigators
need more authority to question people holding power of attorney about
how they are handling their responsibilities.

Another
would deal with a challenge in bringing a case to court: Nursing home
residents and other very frail adults may be simply unable to get to
court. Legislation making it easier to take depositions from such adults
and use them in court would help, Gwynn said.

But the key, he said, is for families, neighbors and friends to keep an eye out.

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NASGA (National Association to STOP Guardian Abuse, Inc.) is a 501(c)(3) public-interest, civil rights organization formed by victims of unlawful and abusive guardianships and conservatorships. We seek legislative reform of existing law and upgrading of criminal penalties for court-appointed fiduciaries misusing protective proceedings for unjust enrichment and engaging in elder and family abuse.

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